People v. Emory

By information defendant was charged in separate counts with murder (count I) and with having unlawfully procured an abortion (count II). In a nonjury trial the court found him guilty as charged and fixed the offense in count I as murder of the second degree. Motion for new trial was denied. Defendant appeals from the judgment (order granting probation) and from the order denying a new trial.

Viola Go consulted Dr. Norman Andresen in Salinas on August 11, 20, and 25, 1959. After a complete examination and a pregnancy test, he found she was pregnant and told her so. Dr. Andresen testified Viola…